American Constitutionalism in Historical Perspective (packet)

Marshall dissents: state is entangled with religion and directly aiding religion. 90% of the funds were used for religious schools. By making it cheaper to go to religious schools, they become more desirable.

Zobrest: p. 1591: govt has rt to give money to hearing impaired, to sign language interpreter in a parochial school b/c dominant secular purpose

Released Time Programs –

1. 
   McCollum v. Bd of Ed, 1948: court disallowed an exemption that had allowed child to go to sectarian class on site in the public school during school hours. D/n have secular purpose and entangles religious and secular power. Violates interest in education in integrated environment.
   
2. 
   Zorach v. Clauson, 1952: children released to off-site campus during the school day for religious instruction. Non-participating parents objected that this was favoring religion over irreligion. Court found that this exposure was reasonable, particularly since religious instruction d/n take place in the school. Dissent: should wait until the end of the day and let the children attend voluntarily. Encourages them to go to religious instruction if it means a break in their day. Have captive pupils and school is using power of mandatory education to coerce children to be there during the school hour for religious purpose.
   
3. 
   Grand Rapids v. Ball: struck down school bd decision to send public teachers to parochial school.
   
4. 
   Agostini v. Felton, 1997: court allows public school teachers to go into parochial schools to provide remedial education b/c of secular need for it. D/n want students and teachers to be forced off-site just to avoid symbolic entanglement. Strikes down decision in Grand Rapids. O’Connor says NY had to sacrifice quite a bit to comply w/ Grand Rapids to bus kids over to public schools for classes, costing $100 million. Can have some direct aid and public school employee. This rule d/n involve religious teaching but is neutral and is available to all schools on a nondiscriminatory basis (breadth of beneficiaries—students, breadth of recipients—all schools)
   
5. 
   Zelman v. Simmons-Harris: (2002) Ct approves Cleveland voucher program offered b/c of an educ crisis there. Gives parents state $ to choose where they want to go. Can get out of public school system that is problematic and enable children to be better educated. Private choice of parents is dominant secular purpose. Private schools are picking up these students and not public schools b/c get more $ to pick up students
   
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